Nine typical disputes in the sale of second-hand houses

1、Disputes caused by overdue payment

When the next family is late in paying the house money, the last family can ask the next family to pay the corresponding interest or the liquidated damages for late payment agreed in the contract. The last family also needs to terminate the contract according to its own will and no longer sell the house. We should pay attention to that, if both parties agree in the housing sales contract that the household bank loan will pay part of the housing fund, and the bank fails to lend in full due to the adjustment of the loan policy or other reasons, we still have to bear the liability for breach of contract for overdue payment. Because, the agreement of the contract can only think that the way of paying the house money through bank loan has been allowed by the upper house, but can not think that the lower house can therefore not bear the responsibility of overdue payment.

2、Disputes caused by late delivery of houses

In addition to some legitimate reasons, such as the failure of the next house to pay on time, otherwise the next house will be liable for breach of contract. At this time, my family can ask for the house to be delivered and compensate for the loss. The loss can be calculated by referring to the rent of similar houses.

3、Disputes caused by overdue transfer procedures

The previous family or the next family may want to break the contract and delay in handling the transfer procedures, but when the next family wants to break the contract, it mainly adopts the method of not paying the house price, so the previous family generally does not handle the transfer procedures. At this time, if the next family is determined to obtain the house, it must be prosecuted as soon as possible, and in order to avoid the previous family selling the house to others, it is better to preserve the house.

4、Disputes over return of deposit

According to the nature of the deposit, it can be divided into contract deposit, default deposit and so on. The key to which deposit is agreed depends on how it is agreed in the deposit contract. According to the law, a deposit contract should be signed to pay the deposit. If the next family pays the deposit, only an intermediary company or the last family issues a "receipt" with the word "deposit" written on it, and there is no housing sales contract or deposit contract signed when the deposit is paid, the nature of the deposit cannot be determined. In this case, the next family does not want to When buying a house, the deposit shall be returned.

5、Disputes caused by intermediary behavior

After the intermediary contract is signed with the intermediary company, the intermediary company can investigate the responsibility of the intermediary company according to the intermediary contract for the loss of the intermediary fee caused by avoiding the intermediary company or breaking the contract after signing the sales contract. Another example is the dispute caused by the non-standard and non due diligence of the intermediary company in the process of intermediary and agency.

6、Disputes arising from the request to terminate the housing sales contract or the confirmation of the invalidity of the housing sales contract

The request to terminate the contract or confirm the invalidity of the contract generally occurs when the other party has a major breach of contract. Such cases will generally be accompanied by a request for compensation for losses. The court will determine the responsibilities of each party according to the different degrees of fault of both parties when hearing such cases.

7、Disputes caused by house quality

Due to the quality problem of the house delivered by the previous family, the next family claims or requests to terminate the contract. According to the relevant provisions of the Shanghai Higher People's court, if the upper house intentionally conceals the defects of the house quality, it shall be liable for compensation. If the upper house has clearly informed the lower house about the quality of the house, the upper house shall not be liable. If the hidden defects of the house are not caused by the decoration and use of the house, but are inherent in the house itself, if there is no evidence to prove that the house is aware of this, the house does not bear the liability for guarantee of defects, but the house owner can claim the warranty liability or compensation liability from the developer according to the rights obtained due to the transfer of the contract.

8、Disputes caused by "black and white contract"

"Black and white contract" refers to several contracts with different prices signed by the buyer and the seller for the same house in the process of second-hand house sales. The "white contract" sent to the real estate trading center for registration is only for registration. The "black contract" kept by both parties in private is the real transaction price. According to the regulations of Shanghai Higher People's court, in case of dispute due to the price difference of "black and white contract", in principle, the contract price after the time shall prevail. Unless there is evidence that the previous contract price is a false price signed for tax evasion, loan fraud and other reasons. But we should pay special attention to that the burden of proof is borne by the party who raises the objection, that is to say, whoever believes that the previous contract is false should bear the burden of proof.

However, such provisions are not comprehensive, because the signing time of the two contracts is not necessarily sequential, and may be signed at the same time. If a later contract must prevail, it will be difficult to determine which one is the "latter contract". So the key is to prove which contract price meets the real wishes of both parties.

9、Disputes caused by household registration transfer

After the delivery of the house, the next family found that there was an account of the previous family or other people's account in the house. Even though the contract stipulates that the previous family should guarantee the removal of the account, such disputes will not be accepted by the court. Therefore, such disputes cannot be solved by legal means for the time being.